[Avodah] Innocent Unsuspecting Drug Mules, Ein SheLiAch LeDeVar Aveira

[Meir Rabi]

R Z Sero suggested that
He's guilty of lifnei iver, but not of the actual  crime.

I wonder if it might be likened to sending a fire in the hands of a Cheresh
Shota or Katan BK HaKones, where the sender is Pattur only if he sent a coal
that is expected to extinguish fairly quickly and requires a significant
ingenuity to fan it to a flame that can cause damage. If however he sends
them with a flame or I imagine a box or book of matches, he is certainly
Chayav. See RaMBaM and ShA.

Although the cases are not identical I believe that if anything the
responsibility in the case of someone who puts such innocents at risk is all
the greater since it is not others who are being put at risk or damaged but
the innocent patsy. As the Gemara says about GeRama, AFILU - not only where
another fellow removed the shield but even if the thrower of the spear
removes the shield will the thrower be Pattur. Clearly the heavier act of
involvement is an argument to make the instigator more likely to be guilty
and punishable through BDin.
The reason that the spear thrower is Pattur is that his action is COMPLETELY
impotent since the shield is protecting the target. Unlike sending an active
fire in the hands of a ChShKatan.
Is it not reasonable that sending drugs in the hands of unsuspecting
innocents who are transporting it to and through countries that apply the
death penalty for such violations is far worse? And is indeed guilty and
punishable through the BD?
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20110601/f4d1b6ca/attachment.htm>